Via TD Thornton
With another appeal being prepared for the constitutional lawsuit attempting to derail the Horse Racing Integrity and Safety Act (HISA), the National Horsemen’s Protection and Benevolence Association (NHBPA) once another asked a federal judge in Texas to issue an injunction. delayed the rollout of HISA’s Anti-Doping and Drug Control (ADMC) program to May 22.
The motion for the pending appeal order was filed on Friday, a day after US District Court Judge James Wesley Hendrix ruled that the revised version of HISA was signed into law in December. really constitutionalcleared the way for ADMC’s three-delayed launch.
On Monday, May 8, Hendrix accelerated the litigation process by ordering the defendants in the case, who are employees of HISA and the Federal Trade Commission (FTC), to file a counterclaim. respond to the NHBPA’s injunction request by Thursday, May 11.
Hendrix wrote: “The court had previously denied the emergency relief order, but the plaintiffs requested an injunction, arguing that they would suffer ADMC damages pending the expected appeal.
NHBPA’s May 5 filing explained the reasoning behind the request this way:
“A ban is needed as the industry cannot tolerate ‘seismic shift’ in the short term and will be rescinded shortly thereafter. Courts shouldn’t put the industry on a roller coaster ride when the ADMC rules go into effect from May 22 to November 18 (the date of the Fifth Round’s final decision), and then they expire again if the Fifth Circuit finds the amendment unconstitutional.”
The NHBPA profile continues:
“This Court has now reviewed the case for the second time and once again the Court upheld the conduct. Although the Court ultimately concluded that the Horsemen had not made a winning case, the Court should have concluded that they had at least made a substantial, less successful, but more successful case. significantly.
“[The NHBPA] won the Fifth Circuit last time, with the arguments that the sixth Circuit panel will also apply as the original version [of the HISA law]. They have returned to this Court with a serious case against the revised version of the act. Although they didn’t win, they at least established a ‘reasonable prospect’ or reasonable probability of success on appeal…”
“Furthermore, Horsemen presented additional arguments regarding the original budget and implications, which also reasonably demonstrated that the FTC did not have comprehensive oversight and control over the Agency, ” the May 5 filing states.
Hendrix was also the same judge who, on March 31, 2022, dismissed the NHBPA’s underlying case. The NHBPA plaintiffs appealed that decision, which resulted in the Reversal of the Fifth Circuit on November 18, 2022. But the Fifth Circuit sent the case back to the Lubbock Division to proceed with “processes.” subsequent in accordance with” the inversion of the Court of Appeal. Hendrix’s order of May 6, 2023 validated a later version of HISA that was revised and passed back into law on December 29, 2022.